sixth
article which prohibits slavery_; thus conceding, both the competency of
law to abolish slavery, and the power of Congress to do it, within its
jurisdiction. (These acts show the prevalent belief at that time, in the
slaveholding States, that the general government had adopted a line of
policy aiming at the exclusion of slavery from the entire territory of
the United States, not included within the original States, and that
this policy would be pursued unless prevented by specific and formal
stipulation.)
Slaveholding States have asserted this power _in their judicial
decisions_. In numerous cases their highest courts have decided that if
the legal owner of slaves takes them into those States where slavery has
been abolished either by law or by the constitution, such removal
emancipates them, such law or constitution abolishing their slavery.
This principle is asserted in the decision of the Supreme Court of
Louisiana, Lunsford vs. Coquillon, 14 Martin's La. Reps. 401. Also by
the Supreme Court of Virginia, Hunter vs. Fulcher, 1 Leigh's Reps. 172.
The same doctrine was laid down by Judge Washington, of the U. S. Sup.
Court, Butler vs. Hopper, Washington's C. C. Reps. 508; also, by the
Court of Appeals in Kentucky, Rankin vs. Lydia, 2 Marshall's Reps. 407;
see also, Wilson vs. Isbell, 5 Call's Reps. 425, Spotts vs. Gillespie, 6
Randolph's Reps. 566. The State vs. Lasselle, 1 Blackford's Reps. 60,
Marie Louise vs. Mariot, 8 La. Reps. 475. In this case, which was tried
in 1836, the slave had been taken by her master to France and brought
back; Judge Matthews, of the Supreme Court of Louisiana, decided that
"residence for one moment" under the laws of France emancipated her.
6. EMINENT STATESMEN, THEMSELVES SLAVEHOLDERS, HAVE CONCEDED THIS POWER.
Washington, in a letter to Robert Morris, April 12, 1786, says: "There
is not a man living, who wishes more sincerely than I do, to see a plan
adopted for the abolition of slavery; but there is only one proper and
effectual mode by which it can be accomplished, and that is by
_legislative_ authority." In a letter to Lafayette, May 10, 1786, he
says: "It (the abolition of slavery) certainly might, and assuredly
ought to be effected, and that too by _legislative_ authority." In a
letter to John Fenton Mercer, Sept. 9, 1786, he says: "It is among my
first wishes to see some plan adopted by which slavery in this country
may be abolished by _law_." In a letter to Sir John Sinc
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